Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Wednesday, November 7, 2012


Sri Lankan discord on ethnic integration continues

Last Updated : Wednesday, November 07, 2012 12:49 AM
Tariq A. Al-Maeena
http://www.saudigazette.com.sa/images/SGweblogo-270x43.jpg 
SRI Lanka fought Tamil separatists for nearly three decades.  The civil war was finally brought to a close in 2009, with thousands of people losing their lives during the conflict.  During the final stages of the conflict, questions of war crimes committed against the minority Tamils were raised.

In 2010, the President of Sri Lanka, Mahinda Rajapaksa introduced a reconciliation commission meant to heal the wounds of ethnic hostility that had festered for many years.  There was hope that Sri Lanka would finally begin to set itself free from the demons within and forge itself into one united country.

However, the confidence in the road to reconciliation has been shaken lately.  Two recent incidents suggest that all is not well in the island country.  In the first, a group of vandals barged into a church and destroyed a religious statue. The Catholic church is located near a police station a few miles away from the heart of Trincomalee, a major seaport on the eastern shores of the island nation. According to reports, two hands of the statue at the church were destroyed and electric lights used to decorate the statue were removed. The gang members are suspected of being Sinhalese militants known for their excesses against people of other minorities and faith.

The second incident occurred in a village on the outskirts of the city of Anuradhapura, which was the capital of the country for over 15 centuries before Colombo snatched those honors away.  According to available details, a mosque was set on fire at about 2:30 a.m. by an unidentified group before the morning of Eid when a festival was planned right after Eid prayers. 

The ensuing blaze totally demolished the mosque structure.  Not to be deterred, the senior clergy arranged the scheduled special prayer for the Haji Festival at a house situated near the destroyed mosque.

Some 20-25 mosques have been the target of extremist actions in recent months.  Residents charge that the government is shielding the Sinhalese militants as they make up the majority of Sri Lankans.

According to Colombo Municipality UNP member Mr. Mujibur Rahman, “there was ample evidence as to who was responsible, but because of the political protection of the government, such incidents are glossed over”, adding that implications of such transgressions could be serious.

But for how long can the government ignore this growing menace within their midst?  The rise against targeted vandalism and violence has already prompted calls for action from inside and outside the country.   The Indian branch of Amnesty International is asking their Prime Minister, Dr. Manmohan Singh, “to influence Sri Lanka to protect the rights of its citizens and ensure that those guilty of human rights abuses are held accountable”.

A six-point document was submitted to the Indian PM calling on Sri Lanka to:

“Investigate and prosecute all allegations of extrajudicial, summary or arbitrary killings; as well as enforced disappearances; torture; and arbitrary or extrajudicial detention, and bring the perpetrators to justice in accordance with international standards, in line with commitments made during the previous review, but not yet implemented;

“Initiate prompt and effective investigation of witness testimony and written submissions to the Lessons Learnt and Reconciliation Commission (LLRC) that allege violations of human rights or humanitarian law;

“Repeal the Prevention of Terrorism Act and abolish the system of administrative detention;

“Release all individuals arrested under emergency or anti-terrorism laws, unless they are charged with internationally recognizable crimes and remanded by an independent, fairly constituted court;

“Release all detainees unless they are charged with internationally recognizable crimes and tried fairly;

“Implement the concrete human rights commitments contained in the National Human Rights Action Plan, and strengthen the National Human Rights Commission.”

The organization charges that, “In 2008, Sri Lanka stressed its commitment to many of the above objectives, but within months, they broke their promises. It is vital that India, as a powerful and influential neighboring country, establish its commitment to ensuring human rights protection for ordinary Sri Lankans.”

In March 2013, the UN is holding the Human Rights Council Session which will focus on independent findings on the death of 40,000 people killed during the final stages of the civil war.  Also expected to be presented is video footage which includes the allegations of war crimes and human rights violations committed by Sri Lankan military personnel.  This is obviously unsettling some nerves in the corridors of Sri Lankan power.

More nerves will be rattled if the existing situation of ethnic violence continues, leaving the United Nations and the rest of the world to rebuff protests of innocence by the Sri Lankan government against war crimes.
Should the government not take a stand now before it’s too late?
— The author can be reached at talmaeena@aol.com
London hoisted the world Tamil conference
[ Wednesday, 07 November 2012, 04:07.00 PM GMT +05:30 ]
Three day International conference on urging to hold independent investigations on Lankan genocide attacks commenced at the London parliamentary complex short while ago.
This conference was chaired by the Lee Scott chairman of the All- Party Parliamentary Group for Tamils.
This conference was sponsored by the British Tamil Forum. Tamil representatives from all around the world have presented in this conference.
British parliamentarians currently delivering speech at the conference. Tamil Nadu representatives thanked British parliamentarians for raising voice for the problems of Eelam Tamil people. We will bring you brief and clear information’s on upcoming events at the conference.




Post-war Sri Lanka’s media landscape: In conversation with Frederica Jansz

6 Nov, 20122Groundviews
Before she was forced to flee Sri Lanka, before the Sunday Leader started to edit submissions by long-standing and senior columnists critical of government and in particular, the ruling familyand before the paper strangely started to apologise for articles published six years ago,Groundviews caught up with its erstwhile Editor and senior journalist Frederica Jansz. BecauseGroundviews suffered serious technical issues, this video interview wasn’t published earlier on the site.
Recorded shortly after Frederica was fired from her post as Editor of the Sunday Leader, the interview touches on her time at the newspaper and taking over its helm after the murder of its previous Editor, the significant challenges she faced to keep the newspaper financially viable as well as maintain its journalistic integrity, the deeply divisive partisan politics that often inform Editorial decisions and how they impacted the newspaper’s functioning and perception, the larger problem of mainstream media economics that lead to owners of media overpowering Editorial control, the state of independent media and investigative journalism in post-war Sri Lanka and the future as she sees it for media freedom in general.
Ofcom rejects complaints against Channel 4 documentary on Sri Lanka


The British broadcasting regulator Ofcom has cleared Channel 4’s documentary “Sri Lanka’s Killing Fields: War Crimes Unpunished” from allegations it was biased and misleading.
In a bulletin, the watchdog outlined the allegations, and said it received “extremely detailed” complaints, disputing evidence presented by the programme makers and claiming the broadcaster “underplayed” the role of the LTTE.
Ofcom had already cleared an earlier documentary, called “Sri Lanka’s Killing Fields”, last year, and said it only focused on new evidence that was presented by the complainants.
The watchdog said in its summary that it “noted Channel 4’s concerns that two of the complainants (...) had a political interest in Sri Lanka and therefore they were not ‘neutral observers’ nor should the complaints be considered as 'genuine' viewer complaints under the Code.”
Read the full ruling here.Ofcom
TESO decision handed over to Navanethem Pillay
UN High Commissioner for Human Rights Navanethem Pillay had said that she would head a team to Sri Lanka in January next year to look into the alleged war crime charges, statement issued by the India’s DMK party reports.
Pillay had informed this, when a two-member delegation of DMK led by its Treasurer M K Stalin met her in Geneva on Monday.
Stalin, accompanied by DMK Parliamentary Party Leader T R Baalu, during their 35-minute meeting with Pillay handed over the resolutions adopted by the party-backed pro-Sri Lankan Tamils outfit TESO, approved by party chief M Karunanidhi, and briefed her about the plight of Tamils affected in the last phase of Eelam War Sri Lanka.
They paid special attention on 90 thousand widows, delay of the resettlement activities, militarization in the northern part of SriLanka and also urge resettle 1,25,000 displaced Tamil families in the country.
ADMK release also stated that Pillay told the delegation that in consultation with UN Secretary-General Ban Ki-moon an appropriate decision would be taken with regard to alleged human rights violations in Sri Lanka.
The resolutions were adopted in the August 12 conference of Tamil Ealam Supporters' Organisation (TESO), once defunct organisation revived by Karunanidhi recently.
Lanka rejects 98 recommendations at UPR



Wednesday, November 07, 2012
Sri Lanka has rejected 98 recommendations submitted by countries at the Universal Periodic Review (UPR) in Geneva, the troika tasked with serving as rapporteurs for Sri Lanka’s UPR said in its draft report.
Benin, India and Spain submitted its draft report on Sri Lanka at the UPR today. Presenting the report on Sri Lanka, the Ambassador of Spain to the UN in Geneva said that 210 recommendations were made to Sri Lanka.
The troika initially said that Sri Lanka had rejected 100 recommendations and accepted 120 but the draft report was later amended and the final figure saw Sri Lanka reject 98 recommendations and accept 111.
The Ambassador said that Sri Lanka had explained why the several recommendations were rejected.
Meanwhile Cuba, China and Russia raised concerns over what they said were attempts to use the UPR process to create a rift in the council and target a particular country.
After the draft report was adopted Sri Lanka’s special envoy for human rights, Minister Mahinda Samarasinghe, said that Sri Lanka will send a set of voluntary pledges to the UN Human Rights Secretariat within two weeks.
He also said that the government will keep the Secretariat updated on the progress of the post war developments in Sri Lanka.
Report by Easwaran Rutnam
The recommendations below did not enjoy the support of Sri Lanka:   Read More »

Sri Lanka must be investigated for crime of genocide: London conference

TamilNet[TamilNet, Wednesday, 07 November 2012, 18:09 GMT]
The global conference organized by British Tamils’ Forum (BTF) and All Party Parliamentary Groups for Tamils (APPGT), involving participation of civil society activists and politicians from the island and Tamil Nadu, diaspora groups, and British parliamentarians, on Wednesday called for an independent international investigation on the complete conduct of the Sri Lankan state against the Tamil nation, specifically calling for an investigation on the allegations of war crimes, crimes against humanity and genocide committed by the GoSL on the Tamil people. The proposed resolution also urged the global civil society and leaders of the IC to stop decimation of the Tamil nation by the Sri Lankan state. 


Gajendrakumar Ponnambalam, the president of Tamil National People's Front (TNPF) said that pure focus on war crimes is unproductive. 

Arguing that what Sri Lanka was doing to the Eezham Tamils was a genocide, which was “systematic dismantling the existence of Tamils as a nation in the island of Sri Lanka”, he said it was imperative to recognize the Tamils as a nation. 

Suresh Premachandran from the Tamil National Alliance (TNA) also spoke to the audience about the gross injustices that the Tamils were facing under the Sri Lankan state. 
London conference
[L-R] Mr Arul of Pasumaith Thayakam, Mr T. Pandyan, CPI state secretary of Tamil Nadu, Mr G.K. Mani, the president of PMK, Mr D. Raja of CPI, a member of Indian Raja Sabha and Mr Arjun Sambath of Hindu Makkal Kadchi from Tamil Nadu
London conference
[L-R] T.K.S Ilangovan, a Lok Sabha member of DMK, M.K Stalin, a member of Legislative Assembly of Tamil Nadu and the treasurer of DMK, T. R. Balu, a DMK member of Lok Sabha together with Tamil delegates
London conference
Mr Thol Thirumavalavan, a Lok Sabha member of VCK talking to a British politician at the London conference

Sinhala academic Jude Lal Fernando opined that investigation should not just stop with the officials within the Sri Lankan system and the government, but that the role of the US, UK and Indian government should also be probed for their role in the genocide.

Speaking to TamilNet, Mr. Fernando urged the EU countries, who upheld the parity of esteem between the GoSL and LTTE at the 2002 peace process and who resisted a militaristic solution until the US-UK governments advanced such a solution, to take a lead in establishing an independent international investigation. 

He further added that the EU countries should revive their principled position, opposing militarization and the ongoing destruction of the Tamil nation. 

Thirumurugan Gandhi from the May 17 movement, criticizing the colonial responsibility in creating the unitary structure of Sri Lanka, told TamilNet that after May 2009, there was no protection whatsoever for the Eezham Tamils under the Sri Lankan state. He also urged for a just solution for the Eezham Tamils as delivered to suppressed nations like South Sudan, Kosovo and East Timor. 

Lee Scott, Conservative MP and the chairman of the APPGT, said that for peace and harmony, there should be justice. He strongly emphasised that a list of those missing people must be provided by Sri Lanka. He pledged to be at the side of the Tamils until reconciliation and justice for all sides is achieved. 

Robert Halfon, the vice chairman of the APPGT, asking why some genocides were recognized but the genocide of the Tamils was not recognized opined that genocide of Tamils should be recognized by the UN and all over the world. He also said that he would urge the UK not to have the Commonwealth summit in Sri Lanka when continued ill-treatment of Tamils is still continuing. 

Others from the APPGT also spoke at the event. 

M.K. Stalin from the DMK said that dignity and self-respect of Tamils in the island must be defended. Many in the audience, however, resented to his reference of the Eezham Tamils as a ‘minority’ in Sri Lanka. A diaspora activist in the UK questioned whether Mr Stalin was reneging on the promise of the DMK to push for a referendum among the Eezham Tamils, which could happen only if they were recognized as a nation. 

 D. Raja, a member of Indian Raja Sabha from the CPI, condemning genocide, urged India to take a clear cut stand. He hoped that the govt of India would change its position in the favour of Tamils. He also reiterated his party’s commitment to the cause of the Tamils. 

G.K. Mani, the president of PMK, opined that after the protracted genocide of the Eezham Tamils, it was impossible for them to live together with the Sinhalese, and urged the international community to faciliatate the creation of a free Tamil Eelam and an independent international investigation in the genocidal crimes of Sri Lanka.

Thirumavalavan from the VCK talked about how militarization of the Tamil homeland was affecting the lives of the Eezham Tamils. Arguing that Sri Lanka cannot investigate its own crimes, he pushed for an independent investigation into the genocidal crimes of the Sri Lankan state. 

“The delegates of the conference were steered away from naively articulating their demands towards firmly articulating the position of the Tamil people,” a representative of the civil society from the island told TamilNet adding that the contribution of actors and activists from the ground was constructive in this regard. 

“It is a significant move as different political actors have come together to describe the present and past crimes against the Tamil people as genocide of a nation,” he said.

The resolution was read by Ravi Kumar from the BTF.

Nauru a 'breach' of rights

Human rights commissioner Gillian Triggs. Photo: Michael Clayton-Jones


Human rights commissioner Gillian Triggs.THE indefinite detention of asylum seekers on Nauru is ''an egregious breach of international human rights law'', says the Gillard government's hand-picked human rights commissioner, Gillian Triggs.
And in a separate development, Australia has told Sri Lanka - a country it has been returning asylum seekers to - that it must stop its police and army abusing, torturing and mistreating its citizens, and must end the disappearances and abductions occurring across the country.
Australia's demands to Sri Lanka were made in Geneva as part of the United Nations universal periodic review process, in which all UN countries have their human rights records assessed by fellow members.
Professor Triggs, who was appointed human rights commissioner in June, told Fairfax on Tuesday that she would seek an urgent meeting with Immigration Minister Chris Bowen about Nauru when she returned from a human rights conference in Jordan.
''I have made my view really plain to the Department of Immigration and Citizenship in saying that to detain people on this remote island, and delaying by at least six months their processing, and where they're advised that they will be kept there for five years, is an egregious breach of international human rights law,'' she said.
''Asylum seekers have a legal right under international law to have their claims assessed in a speedy and appropriate way, and this is at risk of being arbitrary detention.''
Meanwhile, the hunger strike on Nauru dragged into its sixth day. An asylum seeker on Nauru told Fairfax that more than 300 people were taking part in the protest, and that the men were weak, with most spending their days lying around ''and feeling the sickness''.
Read more: http://www.smh.com.au/opinion/political-news/nauru-a-breach-of-rights-20121106-28wg8.html#ixzz2BaCkX73F

Intervention by Canada at Sri Lanka’s Universal Periodic Review (UPR 14, November 1, 2012)

LogoIn 2008, Sri Lanka agreed to investigate and prosecute all allegations of extrajudicial, summary or arbitrary killings and bring the perpetrators to justice in accordance with international standards, as a means to ensure accountability for human rights violations. Could the Delegation of Sri Lanka inform us on the status of this process, responsible institutions, progress to-date, and benchmarks for completion of these investigations?
Canada recommends that Sri Lanka:
1. Repeal Sections 9 (1) and 15 (A) (1) of the Prevention of Terrorism Act to ensure that detainees are held only in recognized places of detention, with regularized procedures and safeguards to protect detainees including access to legal representation and systematic notification to families of detainee whereabouts.
2. Create a mechanism to ensure that all internally displaced persons, including 66,151 “Old IDPS” and further 103,274 living with host communities, receive a written statement detailing their entitlements and plans for return to their original homes.
3. Expedite implementation of reconciliation measures in the North. This would include removing oversight of humanitarian and NGO activities from the purview of Ministry of Defence to a civilian body, reducing the intrusiveness of military presence on civilian life in the North and setting a specific date for free and fair Northern Provincial Council elections.
4. Decriminalize consenting homosexual relationships between persons over the age of consent by repealing Section 365A of the penal code.
We welcome steps taken by Government of Sri Lanka to implement the Human Rights Council Resolution of March 22, 2012. Facilitation of the September 2012 visit by the technical team of the Office for the High Commissioner for Human Rights was a significant development in this regard.
We continue to have serious concerns with respect to Sri Lanka’s human rights situation. Reports of intimidation of journalists and others critical of government policy are particularly troubling. The government must guarantee freedom of expression of its citizens.
We are concerned that, more than three years after the end of the war, many of the underlying causes have not been adequately addressed. There is little evidence of progress towards establishment of political reconciliation involving devolution of power, as per the 13th Constitutional Amendment. 

Sri Lanka
 
and 1 other
 
U.S. Ambassador Opens Two Schools in Batticaloa



ReliefWeb

Embassy of the United States of America

Colombo
PRESS RELEASE
Public Affairs Section
Tel: +94 (1) 249-8100 ● Fax: +94 (1) 244-9070
Email: ElmsC@state.gov ● http://srilanka.usembassy.gov
October 24, 2012: Over 1,200 rural students in the East can now enjoy improved educational facilities thanks to financial support from the United States. Funds from the United States Agency for International Development (USAID) and the U.S. Pacific Command built and renovated classrooms, teachers’ quarters, and lavatories. On a visit to Batticaloa, U.S. Ambassador to Sri Lanka Michele Sison opened the Kalumunthanveli General Tamil Mixed School in Porathivu Pattu DS division and Munaikadu Vivekananda in Paddipalai DS Division, Batticaloa. Both schools were badly damaged during the country’s longstanding conflict.
Speaking at the opening ceremonies, Ambassador Sison said, “The U.S. Government understands the challenges people in the East have faced over the last 26 years, and it has been a central part of our work here to support the next generation in the transition from conflict to peace. It has been difficult for people in many rural areas to have uninterrupted access to essential services like education. Since the war ended, the Sri Lankan government has begun to extend these services, and, with the support of USAID, and the United States Pacific Command (PACOM) we are happy to have been able to support them in their efforts”.
Since 2008, USAID and the U.S. Pacific Command have supported schools affected by the conflict in the North and East of the country. Such infrastructure improvements and new facilities have enabled the schools to accommodate more students and guarantee year-round instruction.
The American people, through the U.S. Agency for International Development, have provided development and humanitarian assistance in developing countries worldwide for nearly 50 years. Since 1956, the U.S. government has invested over $2 billion to benefit all the people of Sri Lanka.

The Good News And The Bad News

By Kath Noble -November 7, 2012 

Colombo Telegraph
By Kath Noble -November 7, 2012 
Kath Noble
The good news is that there is nothing illegal about impeaching the Chief Justice. If one third of MPs sign a petition requesting it and one half approve the petition once it is presented in Parliament, the Constitution says that she has to go.
That’s reassuring isn’t it?
It is what the Government has been claiming, in any case.
Unfortunately, the bad news is that if Mahinda Rajapaksa can remove the Chief Justice for doing nothing more than failing to support him wholeheartedly, tomorrow it may actually be illegal to fail to support him wholeheartedly. For who is to stop him passing a bill to that effect? It won’t be MPs, that’s for sure. They are firmly stuck under Mahinda Rajapaksa’s thumb. And the Chief Justice would by then know better than to rule the legislation in violation of the Constitution, since to do so would be to guarantee early retirement.
The matter of proving ‘misbehaviour’ or ‘incapacity’ is totally insignificant in the circumstances, as the administration has demonstrated that it has absolutely no shame.
International scrutiny is laughably ineffective – the Government was perfectly happy to announce the impeachment attempt as its representatives were preparing to defend its record at the Universal Periodic Review in Geneva, where it was bound to attract condemnation.
Indeed, it seemed determined to antagonise its critics, as just days before Gotabhaya Rajapaksa had once again raised the prospect of repealing the 13th Amendment.
Let this be a warning to those who look overseas for solutions to Sri Lanka’s problems.
The only opinions that matter are those of voters.
This is good news for the judiciary, since people can relatively easily be persuaded of the importance of the law and judges who apply it judiciously. The attempted impeachment of the Chief Justice has already drawn a forthright and near universal response in the media. Public opinion will eventually follow, and we will soon find out whether or not this will happen in time to save the current incumbent. Let us hope so, whatever we think ofShirani Bandaranayake.
Although the Government hasn’t deigned to explain what she has done to attract its ire, we can assume that it has to do with the Divi Neguma Bill, which I discussed in these columns some months ago.
Curiously enough, the same dispute has also been used to justify the repeal of the 13th Amendment. 




Impeachment of Sri Lankan chief justice is India’s foreign policy failure

by  Nov 6, 2012
If anybody, other than the rights-sensitive civil society of Sri Lanka, has a right to get offended by the island nation’s decision to impeach its first woman chief justice, it is India.
For, the impeachment is aimed at getting rid of somebody who will prevent the country from going back on its commitment to India on the devolution of power to its Tamil areas.
Hundreds of activists took to the streets of Colombo to protest against the move to impeach the country’s top judge. Reuters
If chief justice Shirani Bandaranayake continues in her post, it won’t be easy for the Rajapaksa government to usurp power of the provinces, particularly the Tamil dominated north and east.
India always bragged about the 13th amendment, the instrument that will devolve more power to the Tamils in Sri Lanka. President Mahinda Rajapaksa promised former foreign minister SM Krishna that he would even go beyond the amendment in his commitment to the devolution of power.
However, even during such assurances his government’s duplicity was evident in the proxy voices that said that the country was not interested in the provinces, or more precisely the north-east, becoming more autonomous. The proxies, at home and abroad, said that the 13th amendment would not work because it was an imported solution. Such imports were also an affront to the country’s sovereignty, they said.
This is where chief justice Shirani became a stumbling block. She recently asked the government not to take back the powers of the provinces without her approval. She said a new bill proposed by the ruling regime for this purpose should be cleared first by the provincial councils.
For the all-powerful Rajapaksas, who cannot brook dissent or difference of opinion, this was an unexpected bolt. The solution was simple — get rid of her. With a brutal majority in the parliament, it has the numbers to strip her of her constitutional powers and send her home. The parliament has begun the process.
For a moment, imagine if such a situation arose in India. Or even in Pakistan!
If anybody thought Sri Lanka would mend its ways after the United Nations Human Rights Council resolution, they are mistaken. While the international community continues to put pressure on the country to improve its human rights standards and fix accountability for its alleged war crimes, it has become more defiant. With the decision to impeach chief justice Shirani, it has once again cocked a snook at the international community, and more importantly its own citizens.
Chief justice Shirani is no pushover. She is highly regarded for her erudition, scholarship and integrity. But the government thinks that her conduct and behaviour has “affected the sovereignty of the people” because she, well within the rights of the country’s judiciary, has asked valid questions.
The Sri Lankan government’s impeachment decision is a foreign policy failure for India. Whenever political parties and civil society groups from Tamil Nadu asked for its intervention for an equal and dignified life to the Tamils of Sri Lanka, New Delhi had always brandished the 13th amendment.
But now, with the proposed bill to take back powers of the provinces and the impeachment motion against the chief justice, it’s clear that Sri Lanka was bluffing with India.
India hasn’t yet reacted to the issue. Impeachment of the chief justice is entirely a domestic issue for Sri Lanka, but the motive and its aftermath cannot be glossed over.
Although it is extremely dangerous to protest or express dissent against the Rajapaksas in Sri Lanka, the impeachment decision has aroused widespread protests. People have taken to the streets in Colombo and independent commentators have slammed the government because they know that this will be the last nail in the coffin of the country’s democracy.
Ever since Mahinda Rajapaksa became the president of the country, his family has been slowly tightening its grip on the country. Now, the four Rajapaksa brothers literally run Sri Lanka — the oldest one is the president, while the other three are defence secretary, minister for economic development and speaker respectively.
Obviously, the Rajapaksas have made Sri Lanka a better best practice, than India, on how to establish an autocratic dynasty in a democracy.

Impeaching Sri Lanka’s Chief Justice: A primer

Image courtesy Read Sri Lanka
Groundviews
[Editors note: The Supreme Court ruling on the Divineguma Bill presented to Parliament just before this article was published noted that the Bill has to be passed with 2/3rd majority in Parliament and that Clause 8 has to be approved at a referendum. See original tweet by Daily Mirror here.]
The current battle between the Judiciary and the Executive/Legislative, culminating in the ongoing attempt by the government to impeach the Chief Justice, has received a lot of attention in the traditional media, and on Facebook and Twitter. People who don’t usually bother keeping abreast of the goings on in the country have been activated enough to post messages and share articles on FB. However, most of them don’t seem to be aware of the context to this crisis and how it has developed in relation to two other important current issues, the Divi Neguma Bill and the debate about the 13th Amendment to the Constitution. Here’s my layman’s attempt to make sense of this issue and to link up the three issues.

Justice Must Be Seen To Be Done

Colombo TelegraphBy National Peace Council -November 7, 2012
The Government has tabled a motion in Parliament to impeach the Chief Justice Shirani Bandaranayake that sets out 14 charges against her, including some relating to her personal finances.   Government spokesmen have assured that the motion is not motivated by any displeasure caused by such judgments and that it is based on alleged acts of misconduct by the Chief Justice. However, it is significant that the Supreme Court has recently given several judgments against the State including one that has upheld the devolved power of provincial councils, which is necessary for inter-ethnic power sharing.   It is also significant that there have been several other instances of gross misconduct by members of the government that have involved criminal acts and loss of public funds that have gone without proper investigation and without punishment.  This has given rise to speculation that the Executive and Judicial arms of government have been on collision course.
Chief Justice Bandaranayake
It is extraordinary in a democratic society for a chief justice to be faced with charges of the kind that have been published that are said to merit impeachment. The UN Declaration on the Judiciary states that “Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals. In accordance with the Universal Declaration of Human Rights, members of the judiciary are like other citizens entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.”
Justice it is said must not only be done but also be seen to be done. The government has made assurances that due process will be followed.  The Speaker will now form a Parliamentary Select Committee to investigate the charges against the chief justice.  It is important that the initiation of such inquiries will not be based on political grounds but will be done with independence and impartiality.  The impeachment resolution is signed by the members of the government party coalition in Parliament. There will be a Select Committee where members of both sides of Parliament would be represented that will go into the merits of the impeachment. We hope that the Chairman of the Select Committee will be drawn from the Opposition with equal representation from both sides of Parliament.
The National Peace Council believes that those who are holding public office need to behave in a manner that will not bring disrepute to them or to the positions they hold.  The Chief Justice has asserted that she has always acted in keeping with the hallowed traditions of an Independent Judiciary and that she is prepared to face any impeachment motion brought against her.  Accordingly she needs to be given every opportunity to defend herself before the Parliamentary Select Committee, which we hope would be fearless, independent, impartial and transparent in its deliberations in the interest of respect for the rule of law and democratic governance in Sri Lanka.